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RES-2013-113This Document was electronically recorded by City of Anaheim l� WHEN RECORDED MAIL TO: CITY CLERK CITY OF ANAHEIM 200 S. Anaheim Blvd. Suite 217 Anaheim, CA 92805 Recorded in Official Records, Orange County Hugh Nguyen, Clerk- Recorder 11 111111111 11 11111111111111111111111111111111111 1 111111111 1 1111111111111111 N O F E E 2013000447663 09:22am 07/26/13 93 406 R28 5 0.00 0.00 0.00 0.00 12.00 0.00 0.00 0.00 tsAhMF 1 (iU V ERNMENT AGENCY Per Gov't Code 6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE Resolution 2013 -113 (Abandonment No. ABA2012- 00252) RESOLUTION 2013- 113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A PORTION OF A PUBLIC SERVICE EASEMENT LOCATED AT 800 WESTERN AVENUE (ABA2012- 00252) PURSUANT TO CALIFORNIA STREETS AND HIGHWAY CODE SECTION 8330, ET SEQ. - SUMMARY VACATION. WHEREAS, an applicant has requested the vacation of a portion of a public utility easement generally located at 800 Western Avenue, in the City of Anaheim, County of Orange, State of California, as more particularly described below ( "Public Service Easement "), in order to clear title to the parcel of land in conjunction with the development of a before and after school child care program; and WHEREAS, the City of Anaheim ( "City of Anaheim ") acquired the Public Service Easement for public utility purposes ( "Public Utility Purposes "); and WHEREAS, the Public Service Easement is not necessary for present or prospective Public Utility Purposes or any other public purpose; and WHEREAS, the Public Service Easement to be vacated has not been used for Public Utility Purposes for more than five (5) consecutive years and there are no other public facilities located within the Public Service Easement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Anaheim does hereby order the vacation of the Public Service Easement shown on a map recorded in Book 3436, Pages 538 of Official Records, and as more particularly described in Exhibits "A" and "B" attached hereto and incorporated herein by this reference. BE IT FURTHER RESOLVED that the City Council of the City of Anaheim hereby makes this vacation pursuant to the requirements of the California Streets and Highways Code, Division 9, Part 3, Chapter 4. BE IT FURTHER RESOLVED that the vacation authorized by this Resolution shall not be effective until a certified copy of this Resolution is recorded in the Office of the Recorder of the County of Orange, California. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby, authorized and directed to cause a certified copy of this Resolution to be recorded in the Office of the Recorder of the County of Orange, California. BE IT FURTHER RESOLVED that from and after the date the certified copy of this Resolution is recorded in the Office of the Recorder of the County of Orange, the vacation shall be -1- complete and the Public Service Easement vacated shall no longer constitute public service easements. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 23 day of July , 2013, by the following roll call vote: AYES: Mayor Tait, Council Members Eastman, Murray, Brandman and Kring NOES: None ABSENT: None ABSTAIN: N one CITY OF ANAHEIM By: I MAYOR OF THE CITY OF ANAHEIM ATTEST• 6�d� CITY CLERK OF THE CITY OF A14AHEIM 96316 -2- Exhibit'A' Legal Description of Abandonment The abandonment of a portion of a Six feet wide Public Utility Easement in the City of Anaheim, County of Orange, State of California. Said portion of said easement being more particularly described as follows: The easterly 70.19 feet of that portion of an easement recorded March 2nd, 1956 in Book 3436, page 538 of Official Records of said Orange County, said portion described therein as being: A strip of land , 6 feet in width, lying within the North one -half of the North one -half of the Southwest one - quarter of the Southeast one - quarter of Section Fourteen, Township Four South, Range Eleven West, San Berardino Base and Meridian; the Northerly line of said strip is described as follows: Beginning at the Northwesterly corner of Lot 2 in said Tract #2794, thence South 89 0 36'59" West 95.19 feet. Total area of abandonment = 421 +/- square feet. All as shown on exhibit'B' and made a part hereof. �a �A NO Svc �AST Aj� SEAL IP NO. 7016 9 TF OF C 0, L egal crip ion City Of Anah For Abandonment of a Portion of Public Utility Easement Survey Section at 800 Western Ave. APN #079-461-01 1117113 Drwn by: lE Chkd: Dist. Map R/W No. Ian Easton PLS date Date: 1/17/13 Date: 10 NOT TO SCALE k,AND Svc EAS J, L�IA4 (P N0. 7016 lF 4 DF C A, N 45' 0 0 Z = i �I Q I L I V5 �45 40'- Exhibit'B' 0 a. M lA Y N N M C L� a D' Po t4 ofl 0 I1M 1/4, W Me BE 1/4, Twila Reid OV sec. 14, V .4. S. M � °Min/ Elementary School S °B °B °M° 720 Western Ave. (Shown as a 10.5 377acTo pal C M iin (APN 079 - 150 -35) Record W gu�rdeb Bk 22, pal° 25) = Portion held in reservation ® = Public Utility Easement °°°°°°° 0000000 000aoao i = Abandoned portion of 6 Public Utili t y Easement Po t4 ofl 0 I1M 1/4, W Me BE 1/4, Twila Reid OV sec. 14, V .4. S. M � °Min/ Elementary School S °B °B °M° 720 Western Ave. (Shown as a 10.5 377acTo pal C M iin (APN 079 - 150 -35) Record W gu�rdeb Bk 22, pal° 25) See page 4 of 4 for line and curve information Rom Av enue N 89 0 36'59" E City of Anaheim Sketch to accompany Legal Description for a Public Utility Easement and easement held in reservation at 720 and 800 / Su rv ey Sec ion Western Avenue. Anaheim, CA (APNs 079 - 150 -35 & 079 - 461 -01 o., 1/17/13 Drwn by: !E Chkd: Dist. Map RM No. Ian Easton PLS d ate Date: 1/17/13 Date: 10 5 2.5' Existing 6' PUE C2 L3 C1 Per Doc. recorded 3/2/56 in Book 3436 Page 538 O. R. ' C3 ' i� L9 2.5' ' C4 - ' S'ly line of NW 114, SE1l4 o Point of 0D L7 Sec. 14 -4 -11. SBBM 2.24' 12 51 Beginning L6 L1 L11 N 89 0 36'59" E 70.19' ° ' °21 so ft > °g g °ooaooa° o nd area 4 04.63 _ ° ° ° Oy°� °° ° G ° � ° c ° r+ ° :o ° � ° o ° o � ° . ° � ° � ° i: �$�Yi � °i?:C. ° :D:Y ° ° °� °o° ° .G °0 .4 = � • — — — — — — — — L5 Reservation # 3 2. 7 Area = 8sq.ft. ' Z 1.76 We Sit Reservation O # 2 Area = 22 sq.ft 800 Westem Ave. 0 (APN 079 - 461 -01) o 2 o 0 Remainder parcel as described in CD 4249, r Bk 8528 Pgs 61 -62 O.R. 5 , Rec. Feb 27, 1968 A N 89 0 36'59" E 70.26' 0 N 89 °36'59" E 75.26' Loo 4 I ��� M TH 2794 M (MM 84/37-30 See page 4 of 4 for line and curve information Rom Av enue N 89 0 36'59" E City of Anaheim Sketch to accompany Legal Description for a Public Utility Easement and easement held in reservation at 720 and 800 / Su rv ey Sec ion Western Avenue. Anaheim, CA (APNs 079 - 150 -35 & 079 - 461 -01 o., 1/17/13 Drwn by: !E Chkd: Dist. Map RM No. Ian Easton PLS d ate Date: 1/17/13 Date: 10